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Limited T and U status to 4 years unless law enforcement officials certify they need her to assist an investigation or prosecution.

Amended U visa provisions to facilitate the entrance of the family of a U visa holder without a showing of extreme hardship or necessity for an investigation.

Allows children of U.S. citizens subject to abuse to petition until the age of 25 if they can demonstrate that the abuse was at least one central reason for the filing delay.

Defined VAWA Self-Petitioner under INA §101(a) (51), as an alien or child of an alien who qualifies for relief.

Exempt VAWA self-petitioners from penalties for failure to voluntarily depart under INA §240(b)(d), the restrictions for relief shall not apply, for cancellation of removal, adjustment of status, and suspension for battered spouses and children if extreme cruelty or battery was at least one central reason for the alien’s overstaying.

Provided for employment authorization for VAWA self petitioners when the petition is approved

Allows self petitioning for Abused Parent. Must be the parent of a U.S.C. parent must be a person of good moral character, resides or has resided with USC, and has been battered or subject to extreme cruelty by USC child

The spouses and children of United States citizens or lawful permanent residents (LPR) mayself-petition to obtain lawful permanent residency. The immigration provisions of VAWA allow certain battered immigrants to file for immigration relief without the abuser's assistance or knowledge.

Spouse: You may self-petition if you are a battered spouse married to a U.S. citizen or lawful permanent resident. Unmarried children under the age of 21, who have not filed their own self-petition, may be included on your petition as derivative beneficiaries.

Parent: You may self-petition if you are the parent of a child who has been abused by your U.S. citizen or lawful permanent resident spouse. Your children (under 21 years of age and unmarried), including those who may not have been abused, may be included on your petition as derivative beneficiaries, if they have not filed their own self-petition.

Child: You may self-petition if you are a battered child (under 21 years of age and unmarried) who has been abused by your U.S. citizen or lawful permanent resident parent. For more information, including those who may not have been abused, may be included on your petition as derivative beneficiaries

To be the spouse/child of a citizen or lawful permanent resident of the United States; may be filed if the marriage is still in place, if it was terminated by the abusive spouse’s death or if there was a divorce related to the abuse within the two years prior to filing.

Marriage was entered in good faith by the alien;

Applicant is residing in the United States;

Has resided in the United States with the citizen or lawful permanent resident spouse or parent, or child. The self-petitioner is not required to be living with the abuser when the petition is filed

Must have been battered or subjected to extreme cruelty during the marriage, or must be the parent of a child who was battered or subjected to extreme cruelty by the U.S. citizen or lawful permanent resident spouse during the marriage.

Is a person of good moral character, and

Is a person whose deportation would result in extreme hardship to himself, herself, or his or her child.

The phrase "was battered by or was the subject of extreme cruelty" includes, but is not limited to, being the victim of any act or threatened act of violence, including any forceful detention, which results or threatens to result in physical or mental injury. Psychological or sexual abuse or exploitation, including rape, molestation, incest (if the victim is a minor), or forced prostitution shall be considered acts of violence. Other abusive actions may also be acts of violence under certain circumstances, including acts that, in and of themselves, may not initially appear violent but that are a part of an overall pattern of violence. The qualifying abuse must have been committed by the citizen or lawful permanent resident spouse, must have been perpetrated against the self-petitioner or the self-petitioner's child, and must have taken place during the self-petitioner's marriage to the abuser.

A self-petitioner will be found to lack good moral character if he or she is a person described in § 101(f) of the Act. A person who was subjected to abuse in the form of forced prostitution or who can establish that he or she was forced to engage in other behavior that could render the person excludable under § 212(a) of the Act would not be precluded from being found to be a person of good moral character, provided the person has not been convicted for the commission of the offense or offenses in a court of law.

A self-petitioner will also be found to lack good moral character, unless he or she establishes extenuating circumstances, if he or she willfully failed or refused to support dependents; or committed unlawful acts that adversely reflect upon his or her moral character, or was convicted or imprisoned for such acts, although the acts do not require an automatic finding of lack of good moral character. A self-petitioner's claim of good moral character will be evaluated on a case-by-case basis, under INA§ 101(f) and the standards of the average citizen in the community. If the results of record checks conducted prior to the issuance of an immigrant visa or approval of an application for adjustment of status disclose that the self-petitioner is no longer a person of good moral character or that he or she has not been a person of good moral character in the past, a pending self-petition will be denied or the approval of a self-petition will be revoked.

The Service will consider all credible evidence of extreme hardship submitted with a self-petition, including evidence of hardship arising from circumstances surrounding the abuse. The extreme hardship claim will be evaluated on a case-by-case basis after a review of the evidence in the case. Self-petitioners are encouraged to cite and document all applicable factors, since there is no guarantee that a particular reason or reasons will result in a finding that deportation would cause extreme hardship. Hardship to persons other than the self-petitioner or the self-petitioner's child cannot be considered in determining whether a self-petitioning spouse's deportation would cause extreme hardship.

The determination of what evidence is credible and the weight to be given that evidence is within the sole discretion of the USCIS;

A self-petitioner must file evidence of citizenship of the USC or proof of the immigration status of the lawful permanent resident abuser.

Relationship: marital relationship with a marriage certificate issued by civil authorities, and proof of the termination of all prior marriages, if any, of both the self-petitioner and the abuser. or parenthood relationship by birth certificate;

Residence: documents showing that the self-petitioner and the abuser have resided together in the U.S., and showing that the self-petitioner is residing in the U.S. when the self-petition is filed.

Employment records, utility receipts, school records, hospital or medical records, birth certificates of children born in the United States, deeds, mortgages, rental records, insurance policies, affidavits or any other type of relevant credible evidence of residency may be submitted.

May include, but is not limited to: reports and affidavits from police, judges, court officials, medical personnel, school officials, clergy, social workers, and other social service agency personnel.

Persons who have obtained an order of protection against the abuser or have taken other legal steps to end the abuse are strongly encouraged to submit copies of the relating legal documents.

Evidence that the abuse victim sought safe-haven in a battered women's shelter or similar refuge may be relevant, as may a combination of documents such as a photograph of the visibly injured self-petitioner supported by affidavits.

Other forms of credible relevant evidence will also be considered. Documentary proof of non-qualifying abuse may only be used to establish a pattern of abuse and violence and to support a claim that qualifying abuse also occurred.

If the victim files a self petition while children are less than 21 years old and unmarried, his/her children will remain eligible to obtain Lawful Permanent Residence no matter how long it may take the authorities to process and approve his/her application;

If victim files self-petition while her children are less than 21 years old and unmarried, they may be able to be included on her application and may no need to file VAWA self-petitions themselves;

The child of an abusive USC or LPR, may file a VAWA Self-Petition up to the age of 25, but only if (a) they remain unmarried and (b) can prove that the abuse they suffered at the hands of their USC or LPR parent is one central reason why they could not file a VAWA before they turned 21.

2) The applicant (or his or her parent, guardian, or next friend if the applicant is under 16 years of age) possesses information concerning the criminal activity and “has been helpful, is being helpful, or is likely to be helpful” in the investigation or prosecution of that activity;

3) The criminal activity occurred in the United States or its territories or possessions, or if it occurred abroad, the criminal activity violated the laws of the United States;

4) The applicant must submit a written certification from a federal, state, or local law enforcement official, prosecutor, judge, or local authority investigating criminal activity, or from a U.S. immigration official, stating that the applicant has been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the criminal activity.

In cases where the petitioner is under the age of 16 or is incapacitated or incompetent, this requirement can be satisfied by the parent, guardian, or next friend* submitting the necessary evidence on behalf of the petitioner. Such person must provide evidence of her or his qualifying relationship to the petitioner and evidence establishing the age, incapacity or incompetence of the petitioner.

A next friend is a person who appears to act for the benefit of a nonimmigrant who is under the age of 16, or who is incapacitated or incompetent.

All grounds of inadmissibility except for INA§212(a)(3)(E) [Nazi persecutors] are waivable by DHS in the “public or national interest.

Change of status is allowed even if the Applicant entered the United States without visa or without inspection, or entered with a visa with restrictions. INA §248 bars do not apply to a change of status to U classification.

It depends. If you are an abused spouse or child of a lawful permanent resident or US citizen, you are eligible to self-petition to gain lawful status under VAWA.

Victims of domestic violence who are not married to the abuser, or who have been abused by spouses who are not US citizens or lawful permanent residents, are not eligible to self-petition under VAWA, but may seek status under the U visa. You should discuss either of these options with an immigration specialist BEFORE you go to the USCIS.

Is a non Immigrant visa given to victims of "severe forms of human trafficking“, on the condition that they help law enforcement officials investigate and prosecute the crime.* However, if the victim is under 18 years of age, the law does not require cooperation with police to obtain a T-visa.

T-visas allow victims of severe forms of trafficking to stay in the U.S. for four years from the date the T-visa application is approved. Extensions can be approved if a law enforcement authority certifies that having the victim remain in the country for longer is necessary for investigating or prosecuting the crime.

The T visa holders automatically qualify for employment authorization. There are only 5000 visas available per year.

T-visa status may also be available for immediate family members such as spouses, children, and parents of applicants under 18.

Severe forms of trafficking in persons means sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

1.) Sex trafficking: such the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.

2)Trafficking that leads to debt bondage / peonage – This is when the victim is forced to work indefinitely (without any reasonable limits on services or time) to pay off the person who smuggled her into the U.S. Usually, the victim has no way to know when her debt is going to be paid off or how much her debt has been reduced by the work she has already performed.

3) Trafficking that leads to involuntary servitude / slavery / forced labor – The trafficker uses threats or physical force to make the victim work. Traffickers could threaten to physically harm to the victim or the victim’s family and loved ones, but may also threaten to report the victim to the police (for her immigration status, prostitution, etc.) if she does not continue to work for the trafficker. The threats to report the victim to the police are known as “abuse of the legal process.”**

You are in the United States, or its territories, or at a port-of-entry because of human trafficking;

You would suffer extreme hardship if removed or forced to leave; and

You satisfy one of the following three conditions:

You have cooperated and are willing to cooperate with reasonable requests for assistance by federal, state, or local law enforcement in investigating or prosecuting crimes related to human trafficking; or

You are excused by the attorney general from failing to cooperate with reasonable requests for assistance by federal, state, or local law enforcement in investigating or prosecuting crimes related to human trafficking because of physical or psychological trauma; or

2) To prove that victim is in the US, or its territories, or a port of entry because of human trafficking, it is no necessary to file additional documents.However, the documents and statements that the victim should submit must include:

When, where, and how victim arrived;

Why victim was trafficked;

That s/he is in the US, its territories, or port of entry because of victimization; and

If victim escaped from traffickers before contacted law enforcement, that victim did not have a clear chance to leave the US. Circumstances that may have prevented you the victim from leaving can include trauma, injury, lack of resources, and lack of travel documents that were seized by the traffickers.

If victim is inadmissible because of grounds specified in INA Sec. 212, victim should file a Form I-601 "Application for Waiver on Grounds of Inadmissibility."

If victim is inadmissible (because s/he is currently outside of the US and require advance permission to enter the US), victim should file Form I-192 “Application for Advance Permission to Enter as Nonimmigrant.”

"Continued presence status" is for victims of severe trafficking who lack legal status but who are potential witnesses (have not yet assisted law enforcement, but will likely be able to provide useful information). It provides temporary immigration relief under the continued presence provisions of Section 107(c) of the VTVPA. Immigration relief may include granting parole, voluntary departure, stay of a final order, or nonimmigrant visas (T-visas or U-visas). Only law enforcement authorities can seek continued presence status. In other words, victim would need to have a federal law enforcement agency petition the INS on her behalf for continued presence.